Ben Fullbrook > Chambers of David Holland KC and Jenny Wigley KC > London, England > Barrister Profile
Landmark Chambers Offices
Chambers of David Holland KC and Jenny Wigley KC
Landmark Chambers
180 FLEET STREET
LONDON
EC4A 2HG
England
Landmark Chambers
180 FLEET STREET
LONDON
EC4A 2HG
England
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Ben Fullbrook
Position
Ben is frequently instructed to appear in the High Court and at planning and infrastructure inquiries. Ben has also appeared both led and unled in the Court of Appeal and has also acted on cases in the Supreme Court.
His clients have included individual claimants and defendants, developers, environmental groups, local authorities and government departments. Ben is appointed to the Attorney General’s C Panel of Junior Counsel.
Ben’s notable recent cases include:
- R (Widdington Parish Council) v Uttlesford District Council [2023] EWHC 1709 (Admin) – a claim relating to inter alia the treatment of “fall back” development as a material consideration in planning decisions. Ben acted for the successful claimant.
- R (Cabinet Office) v Chair of UK Covid-19 Inquiry [2023] EWHC 1702 (Admin) – a high profile challenge by the Cabinet Office to the decision of the Covid-19 Inquiry to require the former Prime Minister and others to provide unreacted WhatsApp messages to the Inquiry.
- R (FMA) v Secretary of State for the Home Department [2023] EWHC 1579 (Admin) – a challenge raising issues of importance relating to Home Office immigration guidance and Article 6 ECHR.
- R (Friends of West Oxfordshire Cotswolds) v West Oxfordshire District Council [2023] EWHC 901 (Admin) – A claim relating to the discharge of conditions attached to a planning permission. Ben acted for the successful claimant.
- R (Humane League UK) v Secretary of State for Environment Food and Rural Affairs [2023] EWHC 1243 (Admin) – a challenge relating to the keeping of meat chickens in the UK. Ben acted as junior counsel to the successful Defendant.
- R (Ibrar) v Secretary of State for Levelling Up Housing and Communities [2022] EWHC 3425 (Admin) – a leading case on the procedure for challenging planning enforcement appeal decisions.
- R (ALO) v Secretary of State for the Home Department [2022] ACD 120 – a claim relating to the refusal of entry clearance for an Afghan translator on national security grounds.
- Warwick DC v Secretary of State for Levelling Up Housing and Communities [2022] EWHC 3425 (Admin) – a leading case on the interpretation of NPPF Green Belt Policy.
- R (Swire) v Canterbury City Council [2022] JPL 1026 (Admin) a one of the most significant Planning Court cases of 2022 relating to the meaning of the words “in accordance with”in planning permissions. Ben was led by Dan Kolinsky KC.
- R (Elan-Cane) v Secretary of State for the Home Department [2022] 2 WLR 133 (SC) – Ben was instructed by Fair Play for Women to apply to intervene in the Supreme Court’s hearing SSHD’s refusal to include a non-gendered marker on a passport, as an alternative to male and female.
- R (Cross) v Cornwall Council [2021] EWHC 1323 (Admin) – a high profile challenge to the grant of planning permission for a large dwelling in the Cornwall AONB on the grounds of failure to give reasons. Ben acted on behalf of the successful claimant.
- R (Fraser) v Shropshire Council [2021] EWHC 31 (Admin) – a challenge to a grant of planning permission for Extra Care accommodation. The claim raised issues relating to age and disability discrimination and the application of the public sector equality duty.
- Finney v Welsh Ministers [2020] 1 All ER 1034 (CA) – a challenge to the interpretation of s.73 of the Town and Country Planning Act 1990 and one of the most significant planning judgments of 2019. Ben successfully represented the Appellant as sole counsel. Ben also successfully resisted an application for permission to appeal to the Supreme Court.
- Dulgheriu v Ealing LBC [2020] 1 WLR 609 (CA) – a challenge to an order by the local council excluding protestors from the vicinity of an abortion clinic. Ben acted for the Claimant (led by Philip Havers KC). The claim raised significant issues in relation to Articles 9, 10 and 11 ECHR.
- R (Langton) v SSEFRA [2019] 4 WLR 151 (CA) – a challenge to the Secretary of State’s policy on badger culling, raising important points about the Conservation of Species and Habitats Regulations (led by Richard Turney).
Ben also has extensive experience in public inquiries having acted as junior counsel to the Independent Inquiry into Child Sexual Abuse (IICSA) in 2018-2022 and for individuals involved with the COVID-19 Inquiry.
Prior to joining Landmark, Ben worked for five years as a civil service fast streamer at the Ministry of Defence. His work spanned various aspects of defence and security policy and included liaison with foreign governments, dealing with public law challenges, and the application of international human rights law. Ben was also involved with the government’s effort to plan for the 2012 London Olympics.
Memberships
Appointed to the Attorney General’s C Panel of Junior Counsel
Education
Qualifications
- BPP University, Bar Professional Training Course (Outstanding) (2016)
- BPP University, Graduate Diploma in Law (Distinction) (2015)
- University of Oxford (Hertford College), M.St in History (Distinction) (2010)
- Durham University (St Aidan’s College), BA History (First Class) (2009)
Scholarships
- Advocacy Scholarship (BPP University)
- Prince of Wales Scholarship (Gray’s Inn)
- David Karmel Scholarship (Gray’s Inn)
Publications
- Author of An Introduction to the General Permitted Development Orderpublished in June 2021.
- ‘GP Practice Management’ Lock and Gibbs, NHS Law and Practice (LAG, 2018), co-authored with Hannah Gibbs.
- Judicial Remedies for Human Rights Act Breaches: Secretary of State for Work and Pensions v Carmichael [2018] EWCA Civ 548’, Judicial Review 2018.
- ‘At what point does what’s mine become yours? A critical analysis of the current law on common intention constructive trusts and cohabitation’, Institute of Advanced Legal Studies, Student Law Review (2016), vol. 4, issue 1
- ‘Monkey see, monkey do something about this law: a proposal to reform the Communications Act 2003′ (winner, best GDL entry in the Bar Council Law Reform Essay Competition, 2014).
Personal
Awards
- Inns of Court Debating Competition 2016 (Finalist)
- Bar Council Law Reform Essay Competition 2014 (Winner, best GDL entry)
Lawyer Rankings
London Bar > Planning
(Rising stars)Ranked: Tier 1Ben Fullbrook – Landmark Chambers ‘Ben is effective on his feet, pragmatic, commercial and a pleasure to deal with. A tough opponent but at the same time decent and reasonable.’